1. (a) Within 60 days after an application for pesticide registration is submitted, the department will, in its discretion,

   1. (1) register the pesticide, using the pesticide's EPA registration number;
   2. (2) refuse to register the pesticide; or

   3. (3) notify the producer regarding restrictions on pesticide delivery, distribution, sale, or use by classifying that pesticide as a state restricted-use pesticide; examples of restrictions include

      1. (A) sale to certified applicators only;
      2. (B) prohibition of use in designated areas;
      3. (C) permit required for use; or
      4. (D) limitation on application rate or frequency.

2. (b) In its decision under (a) of this section, the department will consider

   1. (1) the threat to human health, safety, and welfare, animals, and the environment that might result from distribution, sale, or use of the pesticide;
   2. (2) applicable findings and recommendations of a local, state, or federal agency; and
   3. (3) protection of waters of the state from pesticide contamination.

(Eff. 2/15/98, Register 145; am 11/30/2003, Register 168)

Authority: AS 46.03.010, AS 46.03.320, AS 46.03.730, AS 46.03.020, AS 46.03.330